Crimes against life are one of the most sensitive and important topics in the field of criminal law. Among these crimes, murder and infanticide stand out as actions that take human life, provoking deep discussions about motivation, consequences and appropriate punishments.
Murder, characterized as the killing of another human being, can vary in circumstances and degree of culpability, which requires careful analysis for the proper application of justice. Infanticide, a specific type of murder, involves the death of newborns under the influence of the mother's postpartum state, raising questions about the mental health and social context that permeate this sad reality.
Crimes against life involve severe legal consequences and intricate investigations, particularly in cases with international elements. Consulting interpol lawyers is essential for navigating red notices and addressing cross-border legal complexities, ensuring justice and compliance with global legal standards.
What are crimes against life?
Crimes against life are crimes in which the perpetrator acts intentionally with the intention of taking the life of another person or assumes the risk of causing death (possible intent). These crimes include both attempted and committed acts.
According to the law, crimes against life include murder, infanticide, abortion and incitement to suicide or aiding and abetting suicide. The seriousness of these crimes is notorious, as they have a profound impact on society, affecting the most precious thing in life.
It is therefore important for society to decide on the legal consequences of such conduct, determining whether they should result in the deprivation of liberty of the guilty person.
What crime against life is called murder?
As established, there are three categories of intentional homicide: simple intentional homicide, privileged intentional homicide, and qualified intentional homicide.
Murder is a direct attempt on a person's life, in which the perpetrator acts with intent, that is, with the conscious intention to cause the death of the victim. Thus, the perpetrator has a conscious goal to take the life of another person, which is an extreme violation of the most valuable and fundamental asset of society. Among the intentional homicides, the following can be distinguished:
Simple intentional homicide
Simple intentional homicide is a murder in which the agent intends to kill the victim. In this category, the perpetrator acts with a conscious desire to take the life of another person, which may be intentional or the result of impulsive actions. For this to be qualified as an intentional crime, it must be proven that the agent intended or assumed the risk of causing death.
Preferential Manslaughter
Preferential manslaughter is a form of murder in which the law mitigates the punishment due to circumstances that make the crime less serious. Typically, this occurs when the perpetrator acts under the influence of strong emotions, after unfair provocation by the victim, or when the cause of the crime has a relevant social or moral value. In cases of premeditated murder, the punishment may be reduced. See also: What is a criminal lawyer and when should I seek one?
Qualified Manslaughter
Qualified manslaughter is characterized by the presence of specific circumstances that aggravate the crime, making it more serious. These circumstances may include the use of cruel means, clumsy motives, futile motives, the use of resources that make it difficult to defend the victim, among other things. In general, qualifications increase the punishment imposed on the perpetrator of the crime.
In addition, the Criminal Code also provides for another type of murder, intentional homicide, which occurs when someone causes the death of another person without the direct intention to do so. In these cases, the agent’s action is negligent, reckless, or inadmissible, resulting in a tragic outcome, even if this was not his or her primary intention. The distinction between intentional homicide and manslaughter is fundamental to determining criminal liability and the application of justice in each specific case.
What crime against life is called infanticide?
The postpartum state is the period of adaptation of a woman’s body after childbirth and may include hormonal fluctuations, emotional changes, and psychosocial factors related to motherhood.
To establish infanticide, it must be proven that the crime was committed in this state and that it affected the woman’s ability to realize the gravity of the act or to self-determine herself in accordance with this understanding.
Can infanticide be considered a crime against life that mitigates punishment?
It is important to emphasize that in order to qualify as a crime against life called infanticide, the impact of the postpartum state must be properly proven in each specific case to ensure the correct application of the law.
Infanticide is not an excuse, but rather a mitigating factor for criminal behavior, attempting to understand and mitigate the consequences of a woman's period of extreme emotional vulnerability.